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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 09/28/09  

 

 

 

 

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, September 28, 2009

 

Prior to meetings commencing for the week, the following documents were presented and signed by the Chair, as related actions pertaining to the Resolutions for Acquisition of Conservation Easements approved at Administrative Matters on September 15, 2009, for the following individuals:

 

09282009D001           DEED OF CONSERVATION EASEMENT REGARDING:  CHUCK MILLER - 2009

 

09282009D002           DEED OF CONSERVATION EASEMENT REGARDING: MILLER/SIMON 2009

 

09282009D003           DEED OF CONSERVATION EASEMENT REGARDING:  JAMES AND CHRISTY BRADLEY

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were:  Traci Shambo and Ed Woodward, Engineering Department; Doug Ryan, Environmental Health Department; Chad Gray, Karin Madson, Toby Stauffer, and Michael Whitley, Planning Department; Brenda Gimeson, Rural Land Use Center; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Rennels opened the hearing with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code. No one from the audience addressed the Board regarding these topics.

 

Mr. Lafferty requested the Board remove item #1, “Croft Minor Special Review and Appeal, file #09-Z1753,” from the consent agenda as the applicant planned to also request a refund of fees paid thus far. The Board agreed and the item was removed from the consent agenda.

 

Chair Rennels explained that the following item is on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

2.         COTTONWOOD FARMS AMENDED PLAT, FILE #09-S2902:  This is a request to combine two existing building envelopes on the Amended Plat of Residual Lot B of the Amended Plat of Lots 1-4 of Cottonwood Farms Rural Land Use Plan 99-Rural Land Plan 0029 (RLUP 99-RLP0029) and Residual Lot B of the Amended Plat of Residual Lot B of Cottonwood Farms RLUP 99-RLP0029 to make one contiguous 3.9-acre building envelope.

 

This property is located northeast of Fort Collins off County Roads 3 and 48, in the Cottonwood Farms Rural Land Use Plan (RLUP), which received final approval in July 2001. The project contained 117.98-acres and was approved with six single-family residential lots and two Residual Lots. Each Residual Lot included a building envelope with a limited development area. Residual Lot B contained two building envelopes, one for the main residence and one for a farmstead accessory dwelling. In 2003, the owner was granted an amended plat to move the southern most building envelope slightly to the south. In 2004, another amended plat was granted for Lots 1-4 and Residual Lot B to reconfigure the lots and the main road.

 

This proposal is for an amendment to the building envelope for Residual Lot B in the Cottonwood Farms RLUP. The main residence was built in 2003 and the property owners now wish to have only one larger building envelope instead of the two separate building envelopes. They are requesting to amend the building envelopes to increase the size of the envelope in which the main house is located. If granted, this request would not increase the overall building area of the lot.   

 

The lot line for Residual Lot B and the existing access point will remain unchanged. All covenants, deed restrictions, and other conditions which applied to the original Rural Land Use Plan will continue to apply. The Legacy Land Trust has provided a letter stating the trust has no issues with the proposed change to the Conservation Easement; therefore, this proposal meets all review criteria. 

 

Staff recommends approval of the Amended Plat for Residual Lot B of the Amended Plat of Residual Lot B of Amended Plat of Lots 1-4 of Cottonwood Farms RLUP 99-RLP0029 and Residual Lot B of the Amended Plat of Residual Lot B of Cottonwood Farms RLUP 99-RLP0029 subject to the following conditions (and authorization for the chairperson to sign the plat when the conditions are met and the plat is presented for signature):

 

1.         All conditions of approval shall be met and the final plat recorded by March 28, 2010, or this approval shall be null and void.

 

2.         Prior to the recordation of the final plat, the applicant shall make the technical corrections required by the Rural Land Use Center and the Larimer County Land Surveyor.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as published.

 

Motion carried 3-0.

 

1.         CROFT MINOR SPECIAL REVIEW AND APPEAL, FILE #09-A1753:  This is a request for approval of a Minor Special Review for a detached accessory living area and an appeal to Section 4.3.10.F.2.c of the Larimer County Land Use Code to exceed the 800-square- foot size limit for accessory living areas.

 

The property contains a single-family home and detached garage, both constructed in 1991. The main floor of the home is approximately 2,500-square-feet and the garage is approximately 3,700-square-feet. The owner of the property at the time of construction obtained building permits for the home and garage. At some point the same owner constructed a 1,200-square-foot accessory living area within the garage without obtaining building permits or Minor Special Review approval. The home went into foreclosure and the applicants purchased the property on July 17, 2009. The applicants are now seeking Minor Special Review approval to legalize the existing detached accessory living area.

 

Accessory Living Areas are intended to allow property owners full use of their property while maintaining the integrity and character of residential neighborhoods; therefore, accessory uses and buildings must be erected and used only for purposes that are clearly secondary and incidental to the principal use of the property. Staff has concluded that this request meets the requirements of the Land Use Code.

 

Staff recommends approval of the Croft Minor Special Review and Appeal, file #09-Z1753, subject to the following conditions:

 

1.         The site shall be developed consistent with the approved plan and with the information contained in the Croft Minor Special Review and Appeal, file #09-Z1753, except as modified by the conditions of approval or agreement of the county and the applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Croft Minor Special Review and Appeal.

 

2.         This application is approved without the requirement of a development agreement. In the event the applicant fails to comply with any conditions of approval, or fails to use the property consistent with the approved Minor Special Review, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to the applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review. All remedies are cumulative and the county’s election to use one shall not preclude use of another. In the event that the county must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees. The county may conduct periodic inspections to the property and reviews of the Minor Special Review status to monitor and enforce the terms of the Minor Special Review approval.

 

3.         The findings and resolution shall be a servitude running with the property. Those owners of the property or any portion of the property who obtain title subsequent to the date of recording of the findings and resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Minor Special Review approval.

 

4.         The owner is responsible for obtaining all required building permits for the Accessory Living Area. All applicable fees, including permit fees and Transportation Capital Expansion Fees, shall apply to this use.

 

A.        The habitable space of the current structure shall not be further expanded beyond 1,200-square-feet.

 

B.        The single-family character of the property must be maintained. The entrance to the accessory living area must not be visible from any road.

 

C.        The accessory living area is to be used solely for guests of the occupants of the single-family dwelling or those providing a service on site in exchange for their residency.

 

D.        The accessory living area must not be rented or leased separately from the single-family dwelling.

 

C.        The detached accessory living area shall not be occupied until all of the required building permits are issued and final inspections are completed. 

 

5.         This Minor Special Review approval will automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

Just prior to today’s hearing, the applicant indicated he would also request a refund of the Minor Special Review Application fees due to financial hardship. Because of current budgetary restraints, staff has indicated that they are not in a position to recommend approval of the fee appeal.

 

Chair Rennels opened the hearing to the applicant. Brian Croft addressed the Board and stated that he was in agreement with staff regarding all conditions of approval for the special review and appeal to Section 4.3.10.F.2.c of the land use code. Mr. Croft added that at the time of purchase, he was aware some work had been done on the property without proper permitting but he was unaware of the amount of time and money required to make the additions legal. He pointed out that he is proactively pursuing the legalization of the additions because it is the right thing to do; however, in addition to the $600 special review application fee, he must also obtain building permits, which require expensive construction and electrical reviews. Therefore, Mr. Croft requested that, due to economic hardships, the Board approve a refund of the $600 special review application fee.

 

Chair Rennels opened the hearing to public comment; however, no one from the audience addressed the Board regarding this item.

 

Commissioner Johnson stated that he was inclined to support the approval of the special review and appeal to Section 4.3.10.F.2.c of the land use code but he would not support a fee appeal for the application. He explained that during a time of such severe budget restrictions, he could not support the waiver of any standard fees such as the one paid by Mr. Croft.

 

Commissioner Donnelly agreed and stated that he could not consciously spend tax payer money to cover the costs associated with the application process.

 

Chair Rennels also stated that she was not in support of approving the fee appeal.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Croft Minor Special Review and Appeal to Section 4.3.10.F.2.c of the Larimer County Land Use Code, file #09-Z1753.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners deny the Croft Fee Appeal to refund the $600 application fee for Minor Special Review.

 

Motion carried 3-0.

 

3.         SQUIRES FEE APPEAL, FILE #09-G0174, TABLED FROM SEPTEMBER 14, 2009:  This is a request for waiver of all application fees for a proposed one-lot subdivision. The site in question is located on a portion of Lot 2 of the Fenno Minor Land Division and is 10-acres in size. The original lot created by the Fenno MLD was 40-acres, which was illegally subdivided into one 10-acre lot and one 30-acre lot. Both lots were sold to separate owners who were not aware of the illegal subdivision. When it was discovered that the lots were not legal, the owners of the 10-acre lot, tried to reach a resolution with the owner of the 30-acre lot; however, the owner of the larger lot, did not wish to participate.

 

A waiver of fees associated with the subdivision process is requested by the owners to ease some of the costs required to legalize the subdivision of their lot from the original 40-acre parcel, resulting in a 10-acre legal, buildable lot. The owners have stated that they do not plan to create any additional lots; they only wish to make the lot legal in order to build a single-family residence on the property.

 

Staff recommends approval of the Squires Fee Appeal, file #09-G0174, with the condition that the direct costs of application processing: copying, postage, notices, and public hearings are paid.  The direct costs are estimated to be $350.00 (staff would like to note that on occasion, the Board has allocated fee waivers to be paid from their special fund budget).

 

Mr. Lafferty noted that the fee normally charged for a combined preliminary/final plat is $3,000. He also explained that since there was previously a house on the 10-acre lot, which was destroyed in a fire, all road accesses, water, sewer, etcetera have already been established, meaning the illegal subdivision could be rectified via an amended plat. Because staff would not require much time to review an amended plat for this property, Mr. Lafferty suggested the cost, including application processing, copying, postage, notices, and public hearings, would probably be around $600.

 

Chair Rennels opened the hearing to the applicant and Jim Bunkers, surveyor, addressed the Board on behalf of the applicant. Mr. Bunkers that the Squires face $35,000 to $36,000 in additional fees associated with preparing the lot for the construction, which is why they were requesting a fee appeal.

 

Chair Rennels opened the hearing to public comment; however, no one from the audience addressed the Board regarding this item.

 

Chair Rennels stated that she was not in favor of approving the appeal request as the $350 charge recommended by staff would not cover the costs associated with the amount of time required of staff to review such an application.

 

Commissioner Johnson agreed and stated that the county cannot afford to waive fees that provide the funds necessary to compensate staff for their time.

 

Chair Rennels suggested the Board reduce the fees associated with the requested subdivision to $1,000 to cover direct costs and staff compensation.

 

Commissioners Donnelly and Johnson agreed.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Squires Fee Appeal, file #09-G0174, and reduce the county fee for a combined preliminary/final plat application to $1,000.

 

Motion carried 3-0.

 

4.         TIMBERLINE RESOURCES AMENDED SPECIAL REVIEW, FILE #09-Z1751, TABLED FROM SEPTEMBER 14, 2009:  This is a request for the modification of a condition of approval and development agreement regarding provisions of collateral for public improvements associated with the Timberline Resources Special Review file #02-Z1432. The applicant seeks the release of collateral until the commencement of construction associated with mining operations.

 

The Special Review for the Timberline Resources Special Review was approved by the Commissioners on September 12, 2005. One condition of the approval states:

 

14.       Prior to commencement of the use, the applicant shall be responsible for constructing auxiliary lanes at the direct access to Highway 287 as recommended in a traffic impact study supplemental memorandum dated October 18, 2004, by Matt Delich, including the following:

 

e.         This off-site construction shall be memorialized the in the Development Agreement and appropriate collateral provided by the applicant.

 

This condition of approval was incorporated into the Development Agreement as items #12, “Roads” and #22 “Public Improvements Opinion of Costs and Guarantee of Improvements.”  The applicant has requested a modification to item #22, to waive the requirement to furnish a letter of credit for construction collateral for public improvements associated with the Timberline Resource until such time as Aggregate Industries is ready to construct the required improvements. Aggregate Industries also requests that the letter of credit currently held by Larimer County be released. 

 

Staff recommends approval of amendments to the Timberline Resources Special Review, file#02-Z1432, and Development Agreement, file #09-Z1751, subject to the following conditions:

 

1.    Condition14.e. in the Finding and Resolution dated December 27, 2005, and recorded at Reception No. 2005-0110282 shall be modified to read:

 

“This off-site construction shall be memorialized the in the Development Agreement and appropriate collateral provided by the applicant prior to commencing any construction activity associated with the mining use.”

 

2.    The applicant shall provide a Second Addendum to Development Agreement for review and approval by the Board of County Commissioners prior to release of the existing letter of credit and no later than December 31, 2009.

 

3.    No construction activity shall be commenced until the applicant has posted Collateral, obtained a development construction permit from the Larimer County Engineering Department, obtained an access permit from the Colorado Department of Transportation and complied with all other applicable conditions of approval. “Construction Activity” shall mean the commencement of any work required to be performed by the applicant, including by example and not limitation, commencement of construction of roads or improvements in association with the Special Review approval, including the excavation or any earthwork greater than the amount of one cubic yard; commencement of construction of any offsite work in association with the development, including road improvements or utility line construction. “Construction Activity” shall not include surveying, staking, and other similar work.

 

4.    Prior to commencing the any construction activity associated with the mining use the operator shall notify the county of their intention and request modification of the development agreement to include:

 

a.    The public improvements opinion of costs for the development shall be revised to reflect current costs at such time as operator posts collateral for the special review mining use.

 

b.    The operator shall furnish construction collateral to the county for the completion of the improvements in the form of an irrevocable letter of credit from a state or federally licensed financial institution on a form approved by the county.

 

Chair Rennels opened the hearing to the applicant and Connie Davis addressed the Board on behalf of Aggregate Industries. Ms. Davis stated that mining is not planned to occur on the site in 2010 but will hopefully commence in 2011.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve amendments to the Timberline Resources Special Review, file#02-Z1432, and Development Agreement, file #09-Z1751, subject to the conditions outlined above.

 

Motion carried 3-0.

 

5.         METZGAR 6-WEEK CODE COMPLIANCE VIOLATION:   The property owner is in violation of Section 4.1.5 (O-Open Zoning District) and Section 18.4 (Campgrounds) of the Larimer County Land Use Code by virtue of operating a campground which is not an allowed in this zoning district without Special Review approval. The property is also in violation of Section 4.2.2.F Larimer County Land Use Code, which excludes commercial campgrounds in the Flood Hazard District.

 

On July 18, 2009, while conducting an occupancy check on the Mishawaka Inn, Deputy Westerfield and Mr. Gray observed a bus, parked directly across the street, selling refreshments and renting camp sites along the river. Mr. Gray spoke with the employees of the bus who informed him that the property owner was out of town and asked them to run the campground for the weekend. Since the camping along the river is a life safety issue and the campground has not been approved through a Special Review, Mr. Gray started a code compliance file and sent the property owner, Mr. Metzgar, a letter to inform him of his options.

 

Mr. Metzgar met with Michael Whitley from the Planning Department on August 17, 2009. He stated he did not want to pursue a Special Review approval for the campground; instead, he would seek approval through a nonconforming determination by proving the campground has been in existence prior to November 29, 1973. Mr. Metzgar was informed that illegal businesses go to hearings in front of the Board of County Commissioners within 6-weeks of the discovery of the violation and he was encouraged to bring evidence of the campground’s historic operations and request a nonconforming determination prior to the hearing.

 

Staff recommends that the board find violations of the Larimer County Land Use Code exist, require compliance as shown below, and authorize legal action if the deadlines shown below are not met: 

 

Option 1:  Cease operation of the business immediately; OR

 

Option 2:  The business is allowed to continue during the compliance process at its current level of activity, conditioned on the following:

 

A.        The owner shall submit an application for a variance from the Flood Review Board to allow the campground by November 1, 2009. The owner shall submit to the Planning Department a Special Review application for a campground by January 1, 2010, and obtain approval for such application by May 1, 2010, or;

 

B.        Obtain a nonconforming determination allowing the campground at a certain level of activity by November 1, 2009.

 

Chair Rennels opened the hearing to the property owner and David Metzgar addressed the Board. Mr. Metzgar stated that he has always rented camping spaces on his property but was unable to provide proof of the operation dating prior to November 29, 1973. He explained that his recent attempts to increase business were due to the influx of trespassers on his property and that many of the trespassers, and customers, on his property are also patrons of the Mishawaka Inn. 

 

Mr. Woodward addressed the Board and explained that the property is located within a Zone-A Federal Emergency Management Agency (FEMA) 100-year floodway.

 

Commissioner Johnson stated that the land use code clearly states the use would need to be approved through a special review. He also expressed concern about the county’s liability if the use was approved and a flood occurred.

 

Chair Rennels voiced her concern about controlling the number of individuals, both customers and trespassers, on the property.

 

Commissioner Donnelly agreed and recommended the Board order operations to be ceased by November 1, 2009.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners find violations of the Larimer County Land Use Code exist, and authorize legal action if all related operations are not ceased by November 1, 2009.

 

Motion carried 3-0.

 

There being no further business, the hearing recessed at 4:00 p.m.

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were:  Traci Shambo, Engineering Department; Doug Ryan, Environmental Health Department; Karin Madson, Planning Department; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Rennels opened the hearing and asked for public comment on the County Budget and Land Use Code. No one from the audience addressed the Board regarding these topics.

 

 1.        VERIZON-VIRGINIA DALE CMRS SPECIAL REVIEW, FILE #08-Z1718:   This is request for approval to construct a Commercial Mobile Radio Service (CMRS) Facility, for Verizon Wireless, consisting of a 160-foot, free standing tower (capable of future collocation for three carriers) along with an equipment shelter in a 60-foot by 60-foot leased area.

 

The Planning Commission discussed this Special Review request at their meeting on June 17, 2009. Much of the discussion regarding the proposal centered around the visual impact of the tower on the view shed. In addition, the need for additional coverage was discussed, including the coverage maps included with the application and other facilities in the area. A motion for approval of the Special Review failed, resulting in no recommendation from the Planning Commission. 

 

There was additional discussion about the modification of proposed Condition #9 including the removal and/or reclamation of the access road and Condition #11 regarding the requirement for a motion activated light switch. The recommendations of staff have been modified to address these concerns.

 

Staff recommends approval of the Verizon-Virginia Dale CMRS Special Review, file #08-Z1718, subject to the following conditions:

 

1.         This special review approval shall automatically expire without a public hearing if the use is not commenced by September 28, 2011.

 

2.         The site shall be developed consistent with the approved plan and with the information contained in the Verizon-Virginia Dale CMRS Special Review, file #08-Z1718, except as modified by the conditions of approval or agreement of the county and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Verizon-Virginia Dale CMRS Special Review.

 

3.         Failure to comply with any conditions of the special review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners

 

4.         This application is approved without the requirement for a development agreement.

 

5.         In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved special review, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to the applicant to appear and show cause why the special review approval should not be revoked, and/or bring a court action for enforcement of the terms of the special review. All remedies are cumulative and the county’s election to use one shall not preclude use of another. In the event the county must retain legal counsel and/or pursue a court action to enforce the terms of this special review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees.

 

6.         The county may conduct periodic inspections of the property and reviews of the status of the special review as appropriate to monitor and enforce the terms of the special review approval.

 

7.         The findings and resolution shall be a servitude running with the property. Those owners of the property or any portion of the property who obtain title subsequent to the date of recording of the findings and resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the special review approval.

 

8.         Prior to building permit application, the applicant shall obtain a private road construction permit from the Engineering Department that includes a turn around area at the facility.

 

9.         Prior to building permit application, the applicant shall provide a copy of an executed road maintenance agreement or a copy of an executed lease for the site that addresses road construction and maintenance.

 

10.       The building permit for the proposed facility shall address the concerns raised by the Livermore Fire District regarding appropriate signage of flammable fuel for the on-site emergency generator. 

 

11.       The tower shall not be lit. The elevation drawings and note regarding lighting of the tower shall be revised prior to building permit application. The light on the equipment building shall be designed, shielded, aimed, located and maintained to prevent glare and light trespass on abutting properties and the vicinity. In addition, this light shall be turned on only when needed by maintenance personnel.

 

Chair Rennels opened the hearing to the applicant and Irene Cooke from Closser Consulting addressed the Board on behalf of the applicant. Ms. Cooke explained that the site in Virginia-Dale was chosen to optimize service availability along Highway 287 and into Wyoming.

 

Chair Rennels opened the hearing to public comment and Barry and Vicky Lund addressed the Board in favor of the proposed tower. Mr. Lund stated that the new tower would allow them to receive cell phone service at their home and on Highway 287, which can be very dangerous during the winter months.

 

Chair Rennels closed public comment.

 

Chair Rennels asked Ms. Cooke why Verizon did not choose to construct another tower on the land owned by Colorado State University (CSU) in Livermore. Ms. Cooke stated that Verizon determined the CSU site could not adequately provide the desired quality and consistency of service. 

 

Chair Rennels stated that she was inclined to support the construction of a new tower as she is very familiar with the northern most portions of Highway 287 and the overwhelming number of accidents that occur in the area.

 

Commissioner Donnelly stated that with increased cell phone coverage along the specified portion of Highway 287, motorists will be better able to receive help in emergency situations; therefore, he would also support the construction of a new tower.

 

Commissioner Johnson stated that the proposed tower would provide more than convenience to residents, it would provide increased safety for motorists.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Verizon-Virginia Dale CMRS Special Review, file #08-Z1718, subject to the conditions listed above.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 7:00 p.m.  

 

 

TUESDAY, SEPTEMBER 29, 2009

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager.  Chair Rennels presided and Commissioners Donnelly and Johnson were present.  Also present were:  Donna Hart, Deni LaRue, and Diane Tokarz, Commissioners’ Office; Linda Hoffman, Rural Land Use Center; John Gamlin, Bridget Paris, and Pam Stultz, Human Resources Department; Eric Hays, Hays Companies; Major Bill Nelson, Sheriff’s Department; Marc Engemoen, Public Works Department; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:  Shelley Powers and Wendye Sykes explained the problems they are experiencing with water seeping underneath their property due to the Road & Bridge Department hitting a water pipe in their vicinity.  Discussion ensued and Mr. Engemoen stated that he would connect with Dale Miller (Road & Bridge Director) and then follow up with Ms. Powers and Ms. Sykes.

 

Bonnie Mandell-Rice gave a population update on the WOLF facility, and discussed community outreach and ideas for compliance with vehicle-trips-per-day when hosting neighborhood meetings.  Chair Rennels suggested the possibility of obtaining a Special Events Permit for the neighborhood meetings.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 21, 2009:  

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for September 21, 2009, as presented.

 

Motion carried 3-0.

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 5, 2009:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda for September 29, 2009, as outlined below:

 

PETITIONS FOR ABATEMENT:  As recommended by the Assessor, the following Petitions for Abatement are approved:  Hotel Gold Crown Fort Collins, LLC; Kappa Alpha Theta Fraternity, Inc.; S2CR Land Development, LLC; and Tang Khuong.

 

09292009A001           ADULT MEDICAID OUTREACH AND ASSISTANCE GRANT #3118 BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES AND THE COLORADO HEALTH FOUNDATION

 

09292009R001           RESOLUTION ADOPTING AMENDEMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING SITE PLAN REVIEW

 

09292009R002           FINDINGS AND RESOLUTION APPROVING THE BUNKER LOT SIZE APPEAL

 

09292009R003           FINDINGS AND RESOLUTION APPROVING THE ISON SUBDIVISION PRELIMINARY PLAT AND APPEAL

 

09292009R004           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF NORTH END RANCHES

 

09292009R005           FINDINGS AND RESOLUTION APPROVING BLUE SPRUCE VILLAGE / GREELEY-BOULDER COLONY AMENDED PLAT

 

09292009R006           RESOLUTION REGARDING EXTENSION OF APPROVAL FORT COLLINS INDUSTRIAL PARK 1ST FILING LOT 1 AMENDED PLAT TIME EXTENSION

 

09292009R007           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOTS 6-22 AND A PORTION OF LOTS 1, 23, 36, & 37 OF GROUSE HOLLOW PARK SUBDIVISION AND THE VACATION OF GROUSE HOLLOW LANE

 

 

09292009R008           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 108, 118, AND 121A IN PINEWOOD SPRINGS, 5TH FILING

 

09292009R009           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 69 AND 71 OF CRYSTAL LAKES SUBDIVISION 3RD FILING AND UTILITY EASEMENT VACATION

 

09292009R010           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 239 AND 240 OF HORSETOOTH LAKE ESTATES

 

09292009R011           FINDINGS AND RESOLUTION APPROVING THE RKL MINOR LAND DIVISION

 

09292009R012           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF THE AMENDED UNDERHILL EXEMPTION TRACTS B, C, AND C-1

 

09292009R013           FINDINGS AND RESOLUTION DENYING AN AMENDED PLAT OF LOT 95, COUNTRY CLUB ESTATES 3RD FILING 20’ ROW VACATION OF LONGVIEW DRIVE

 

09292009R014           FINDINGS AND RESOLUTION APPROVING NEDRAH ACRES 2ND FILING, LOT 71 & 72 AMENDED PLAT AND VACATION OF RIGHT-OF-WAY

 

MISCELLANEOUS:   Department of Human Services payments for December 2008 through July 2009; Stipulation As To Tax Year 2008 Actual Value re: Colorado Land Holdings.

 

LIQUOR LICENSES:  The following liquor licenses were approved and/or issued:  Riverbend Campground LLC, dba Riverbend Resort – 3.2% License – Loveland; Alternatives to Violence Inc. – 3.2% Special Events Permit – Loveland.

 

Motion carried 3-0.

 

5.  COVENE AS THE BOARD OF EQUALIZATION:  

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners convene as the Board of Equalization. 

 

Motion carried 3-0.

 

Ms. Cookman explained that the Board needed to approve the referee recommendations from September 23, 2009, for Senior Property Tax Exemption Protests

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the referee recommendations from September 23, 2009, for Senior Property Tax Exemption Protests

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners reconvene as the Board of County Commissioners. 

 

Motion carried 3-0.

 

6.  HORSE BUSINESS FACILITIES REGULATIONS STUDY:  Ms. Hoffman presented and reviewed the meeting schedule for the remainder of the year for the Horse Business Facilities Working Group.   She noted that it is a tight schedule, but that they were committed to completing their recommendations for the Board by year-end.  The Board supported this effort and agreed that it was important to keep this study on track.

 

7.  DENTAL AND MEDICAL INSURANCE RECOMMENDATIONS FOR 2010:   Ms. Stultz and Mr. Hays requested that the Board approve of the following:  1) Dental Insurance:  Award the renewal of the dental administration with MetLife.   2)  Medical Insurance:  Award the third party administration to Meritain Health; Award Sun Life as the stop loss carrier; Award Kroger as the pharmacy benefit management company.  3)  Waiver Reimbursement Program:  Approve termination of the program effective with the new plan year beginning January 1, 2010.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Dental, Medical, and Waiver Reimbursement Program changes as presented. 

 

Motion carried 3-0.

 

8.  CHANGES TO THE HUMAN RESOURCES POLICIES AND THE EMPLOYEE HANDBOOK:  Mr. Gamlin requested Board approval regarding proposed changes to the Human Resources Employee Handbook.  He noted that the changes, which were previously discussed in a worksession with the Board, will be legally compliant, will be more informative, and will provide a more user-friendly handbook to disseminate county policies and procedures.    

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the proposed changes to Larimer County’s Human Resources Policies and Procedures and Larimer County Employee Handbook. 

 

Motion carried 3-0.

 

 

9.  MID-TERM APPOINTMENTS TO GENERAL IMPROVEMENT DISTRICT #13A – RED FEATHER LAKES:   Ms. Tokarz presented the following recommendations for appointments to Boards and Commissions:

 

GID #13A Red Feather Lakes:  Terry Ferebee and J. Michael Sledge appointed for a 4-year term beginning September 29, 2009, and expiring November 30, 2010.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the appointment to Boards and Commissions, as outlined above.

 

Motion carried 3-0.

 

10.  ASSISTANT COUNTY MANAGER WORKSESSION:  Mr. Gluckman confirmed that Commission Donnelly would represent the Board at the upcoming Colorado Counties Inc. meeting.

 

11.  COMMISSIONER ACTIVITY REPORTS:   The Board reviewed their activities at events during the previous week.

 

12.  ADD HALF-TIME FTE FRONT DESK DEPUTY POSITION AT THE DETENTION CENTER:   Major Nelson explained the need for security at the front desk/lobby at the Detention Center.  He explained that currently the front desk is staffed by civilian clerical employees; however, with recent openings he has found an opportunity to take two existing positions and convert them to create 2 ½ Full Time Employee (FTE) positions for the front desk.  Major Nelson stated that these positions would be fully funded within the Sheriff’s budget, and Ms. Paris stated that the Human Resources Department supports this request.  The Board had some clarifying questions, but also agreed to support the request.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the addition of a half-time FTE Front Desk Deputy.

 

Motion carried 3-0.

 

13.  LEGAL MATTERS:  There were no legal matters to discuss.

 

 

The meeting adjourned at 10:30 a.m., with no further action taken.

 

 

 

 

 

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

 

 

 

 

 

 

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.